Bagon Law Firm

Immigration Related Executive Orders signed on Jan. 20, 2021 by the new U.S. President. For a full text of the Presidential Actions, visit www.whitehouse.gov/briefing-room

Proof of negative COVID-19 test needed starting 01/26/21 from ALL passengers traveling to the U.S.

"Give thanks not just on Thanksgiving Day, but every day of your life. Appreciate and never take for granted all that you have." Catherine Pulsifer

Proof of negative COVID-19 test needed starting 01/26/21 from ALL passengers traveling to the U.S.

"Give thanks not just on Thanksgiving Day, but every day of your life. Appreciate and never take for granted all that you have." Catherine Pulsifer

Effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is: Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order; Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Cour...t’s December 4, 2020, order; Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order; Extending one-year grants of deferred action under DACA to two years; and Extending one-year employment authorization documents under DACA to two years. See more

District Court granted the motion for a preliminary injunction halting USCIS Fee Change Rule.

October 2020 Visa Bulletin

Public Charge Rule Update from USCIS (09/22/2020)

Today, the U.S. lost an institution of justice, a champion of Equal Rights and an advocate of women. 2020 just became an even darker year #RuthBaderGinsburg

Today, USCIS has announced the final rule for Fee Adjustment effective October 2, 2020. A sample fee change, starting October 2, Naturalization fee will be $1,160 plus $85 biometrics fee compared to previously $640 plus $85.

USCIS and Consular Processing related updates from the American Immigration Lawyers Association (AILA): 1. USCIS Issuance of Receipt Notices are significantly delayed for all types of filings (some reports indicated delays of 30-45 days) 2. Wrongful Rejections of USCIS filings have increased. Wrongful rejections are happening at the mail room review level. 3. Many USCIS adjudicators are working from home and are simply receiving scans of files to review. As a result, the nu...mber of erroneously issued Request For Evidence and Notice of Intent To Deny are increasing. Documents may have been submitted but a Request of Evidence will be erroneously issued for the same documents. 4. Some Consulates are resuming consular processing and interviews. 5. Expect longer delays at Embassies and Consulates because interview appointments set per day is being reduced for social distancing and other covid-19 precautionary measures. See more

The USCIS processing time for N-400, Application for Naturalization is now 12.5 to 36 months for Los Angeles and Los Angeles County.

U.S. had agreed with Harvard and MIT to rescind a new policy requiring the students to take at least one in-person class.

Furlough notices arrive for some 13,400 USCIS (Immigration) employees.

The Texas Service Center will move to a new address on June 26, 2020. The updated address will be: Texas Service Center 6046 N Belt Line Rd., Irving, TX 75038.

Executive Proclamation 10014 of April 22, 2020 was extended today until December 31, 2020. Additional restrictions were also included such as H1B or H2B, J and L entry suspension.

Supreme Court blocks Trump from ending DACA in big win for Dreamers https://www.nbcnews.com//supreme-court-rules-trump-cannot- via @nbcnews

High-Skill Immigration Restrictions Expected Soon From Trump

Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from China Effective June 1, 2020.

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. New USCIS Visitor Policy is posted. https://www.uscis.gov/about-us/uscis-visitor-policy

Military Personnel and Veterans can now file their Naturalization Application online. #BagonLawFirm www.uscis.gov/n-400

U.S. EMBASSY AND PHILIPPINE AIRLINES PARTNER TO ASSIST STRANDED U.S. CITIZENS in the Philippines. Contact the Embassy for more information.

USCIS June 4 Extension of Closure - in person services suspension at field offices is extended until June 4, 2020.

A Presidential Proclamation was release today April 22, 2020 reg Suspension of Entry of Immigrants.

US Immigration will be SUSPENDED FOR 60 DAYS (can be extended). No specific details provided reg Green Card issuance suspension.

White House Corona Virus Briefing is at 5:30 pm EST today. Please watch the briefing. The plan to "suspend all immigration to the U.S." will most likely be discussed.

Trump "will be signing an Executive Order to temporarily suspend immigration." - via his Twitter account. Please do tell your immediate relatives - parents, spouse, children, sons and/or daughters or siblings who you are currently petitioning that they might have to wait. I should have more details once the Executive Order is signed and becomes available to the public.

May Spring bring about blossoming hope to us all. Happy Easter!

The U.S. Embassy in the Philippines is canceling all immigrant and nonimmigrant visa interviews scheduled between now and May 4th due to the Philippine’s enhanced community quarantine measures to reduce the spread of COVID-19.

The US Dept. of State because of public health measures to prevent the spread of COVID-19, effective March 20, 2020, are only able to offer in-person service at passport agencies or centers for customers with a qualified life-or-death emergency and who need a passport for immediate international travel within 72 hours.

FY 2021 H-1B Cap Petitions May Be Filed as of April 1 USCIS announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration. A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration submitted for the beneficiary through the random selection process. https://www.uscis.gov//fy-2021-h-1b-cap-petitions-may-be-f

USCIS Temporary Office Closure Extended until at least May 3, 2020.

For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken. For more information from USCIS, visit www.uscis.gov/coronavirus.

USCIS: Temporary Office Closure Extended until at least April 7 USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by the public closure. USCIS will also send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies. USCIS will reschedule all applicants when USCIS resumes normal operations. USCIS asylum offices will send interview cancellation notices and automatically resch...edule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. USCIS will also automatically reschedule ASC appointments due to the office closure. Those impacted will receive a new appointment letter in the mail. Individuals who had InfoPass or other appointments at the field office must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if your field office has been reopened before reaching out to the USCIS Contact Center. Additionally, USCIS is postponing all in-person public engagement and outreach events for the duration of the temporary office closure. Please contact [email protected] if you have an immediate engagement question during this time. https://www.uscis.gov//uscis-response-coronavirus-disease-

The Department of State advises U.S. citizens to avoid all international travel due to the global impact of COVID-19. In countries where commercial departure options remain available, U.S. citizens who live in the United States should arrange for immediate return to the United States, unless they are prepared to remain abroad for an indefinite period. U.S. citizens who live abroad should avoid all international travel.

All USCIS field offices, asylum offices and Application Support Centers (ASCs) will not provide in-person services until at least April 1. This includes interviews, naturalization ceremonies and biometric collection appointments. However, USCIS will continue to provide emergency services during this time. If you have an emergency service request, please contact the USCIS Contact Center. USCIS field offices will send de-scheduling notices to applicants and petitioners with scheduled appointments impacted by this closure. USCIS will send de-scheduling notices to naturalization applicants scheduled for naturalization ceremonies. All applicants will be rescheduled when USCIS resumes normal operations.

As the situation with COVID-19 continues to evolve, you can find USCIS updates at uscis.gov/coronavirus. Additional USCIS resources on the USCIS COVID-19 webpage include: USCIS Office Closings; Appointments and Rescheduling; Naturalization Oath Ceremonies; and Special Situations

Several USCIS forms had been updated in response to the expanded Public Charge rule that went on effect on February 24, 2020 including: I-864, I-864, I-864EZ, I-485, I-485J, I-539, I-945, I-944, among other forms. Please visit the USCIS website below for a full list of the updated and/or new forms.

WASHINGTONThe U.S. Department of Homeland Security on Feb. 24, 2020 implemented the Inadmissibility on Public Charge Grounds final rule. Under the final rule, DHS will look at the factors required under the law by Congress, like an alien’s age, health, family status, assets, resources, and financial status, education and skills, among others, in order to determine whether the alien is likely at any time to become a public charge. The rule now applies nationwide, including in Illinois.

President Trump is issuing a proclamation to suspend the entry of immigrants who will financially burden the United States healthcare system. Immigrant visa applicants will have to demonstrate that they will be covered by health insurance within thirty days of entering the country or have the financial resources to pay for medical costs.

U.S. Citizenship and Immigration Services (USCIS) today announced its intention to terminate 2 categorical parole programs, consistent with Executive Order (E.O.) 13767, Border Security and Immigration Enforcement Improvements, and to better ensure that parole is used only on a case-by-case basis, consistent with the law. The programs to be terminated are the Haitian Family Reunification Parole program and the Filipino World War II Veterans Parole program. https://www.uscis.gov//uscis-end-certain-categorical-parol

Federal authorities arrested five defendants on March 12, 2019 linked to a scheme that helped Chinese nationals obtain student visas by hiring individuals who used fake Chinese passports to take an English proficiency test for the foreign students. The five defendants were taken into custody this morning without incident. They are: Liu Cai, 23, of Woodland Hills, who allegedly facilitated the scheme, took at least five TOEFL exams himself and is residing in the United States ...on a student visa; Quang Cao, 24, of San Francisco, who allegedly took at least four TOEFL exams with false identification, and who was arrested today in Stockton, California; Elric Zhang, 24, of Los Angeles, who allegedly took at least five TOEFL exams as part of the scheme; Mohan Zhang, 24, of Cerritos, who allegedly took at least two TOEFL exams under the names of foreign nationals; and Samantha Wang, 24, of Corona, who allegedly took at least two TOEFL exams.

October 2018 Visa Bulletin is out. The EB-3 retrogression that took place this September resulted to a significant movement forward of the EB-3 priority date for October 2018. For more info, visit https://travel.state.gov//visa-bulletin-for-october-2018.h

USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. USCIS expects these suspensions will last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for the...se petitions. While H-1B premium processing is suspended, USCIS will reject any Form I-907, Request for Premium Processing Service filed with an affected Form I-129, Petition for a Nonimmigrant Worker. If a petitioner submits one combined check for the Form I-907 and Form I129 H-1B fees, both forms will be rejected. https://www.uscis.gov//uscis-extends-and-expands-suspensio

August 2018 Visa Bulletin https://travel.state.gov//visa-bulletin-for-august-2018.ht

On July 13, 2018, U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum (PM) that provides guidance to USCIS adjudicators regarding their discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence was not submitted or the evidence of record fails to establish eligibility. For more information: https://www.uscis.gov//uscis-updates-policy-guidance-certa

USCIS has released a new Policy Guidance establishing new guidelines for referring cases and issuing Notices to Appear (NTA). NTA is a document given to a non-U.S. citizen person without lawful legal status in the U.S. that instructs the person to appear before an Immigration judge. Here's the link to the policy update. https://www.uscis.gov//uscis-updates-notice-appear-policy-

For Naturalization applications, during the naturalization interview, a USCIS officer will ask you up to 10 questions from the list of 100 questions in English. You must answer correctly 6 of the 10 questions to pass the civics test. A Civic Practice Test is available online.

Naturalization processing time has doubled since the last administration. Clients are wondering why applications are moving slowly since a friend of theirs said his/hers only took 6 months. Currently, almost all petitions and applications processing times have doubled. "The report found there were nearly 730,000 pending naturalization applications at the end of 2017, a more than 87 percent increase since 2015 under Obama."

USCIS is starting a DENATURALIZATION task force. "The U.S. government agency that oversees immigration applications is launching an office that will focus on identifying Americans who are suspected of cheating to get their citizenship and seek to strip them of it."

USCIS to Recall 800 Incorrectly Printed Employment Authorization Documents. For more information, visit www.uscis.gov/news

***IMPORTANT MESSAGE FROM USCIS*** Immigrants all over the country are being targeted for phone scams. Don’t be one of the victims! Scammers pretend to be a government official and call immigrants saying there is a problem with their immigration record. Sometimes they know personal information about the immigrant. They ask for personal and sensitive details, and demand immediate payment to fix the problem. They get angry and threaten people with deportation if payment is not... made immediately with electronic money transfers. Sometimes, scammers use special software to make it look like our 800 number is calling. Other times they leave a message to call a number that sounds exactly like our 800 number. Remember, USCIS officials rarely call customers on the phone, and WE WILL NEVER ASK FOR PAYMENT OVER THE PHONE. If we need payment, we will send a letter on official stationery requesting payment. If you receive a call like this, hang up and report it to the Federal Trade Commission at www.ftccomplaintassistant.gov. Visit www.uscis.gov/avoidscams for information on where to report scams in your state.

March 24, 2016 - "A federal appeals court Thursday struck down part of an immigration law that made it difficult, if not impossible, for a habitual drunkard to fight deportation. In a 2-1 decision, a three-judge panel of the U.S. 9th Circuit Court of Appeals said the more than 50-year-old law illegally equated alcoholism with poor moral character." Attorney Sharlene's two cents...This case should be followed closely to see if the government will take the case up to the Supreme Court and if the Supreme Court will hear the case. If the government does not appeal the case, it will be interesting to see how and if this case would affect Naturalization applications of people with multiple DUI charges.

Do you have an approved family based immigrant visa petition under one of these categories: F1, F2A, F2B, F3, F4? You can check your priority date quickly and without the confusing charts of the Visa Bulletin. Visit the State Department website.

https://www.uscis.gov//uscis-will-accept-h-1b-petitions-fi

Warmest Greetings of the Season and Best Wishes for Happiness in the New Year with Holiday Blessings !

Secretary of Homeland Security Jeh Johnson announced his decision to designate Yemen for Temporary Protected Status (TPS) for 18 months due to the ongoing armed conflict within the country. Yemen is experiencing widespread conflict and a resulting severe humanitarian emergency, and requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to their personal safety. As a result of Yemen’s designation for TPS, eligible nationals of Yemen residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).

USCIS Revises Form N-400, Application for Naturalization 02/04/2014 - As part of its form improvements initiative, USCIS released a revised Form N-400, Application for Naturalization. Through the Federal Register, USCIS received numerous comments from the public that helped inform this revision. The revisions to Form N-400 provide USCIS with additional tools to make important eligibility determinations, present customers with clearer instructions, and incorporate technology t...hat improves efficiency and accuracy for both USCIS and our customers. The revised Form N-400 now includes: Additional questions to conform with the Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004 and Child Soldier Prevention Act of 2008. The additional information is important for USCIS to make a complete and informed determination of an applicant’s eligibility for U.S. citizenship. The questions relate not only to concerns surrounding good moral character but also to issues relating to the security of the United States. Clearer and more comprehensive instructions now highlight general eligibility requirements and help customers understand the naturalization application process by providing specific instructions on how to complete each part of the application. 2D barcode technology at the bottom of each page that greatly enhances USCIS’s ability to more efficiently scan data for direct input to USCIS systems. This feature results in improved data quality, efficiency in processing, and overall integrity of the naturalization program. USCIS now has a dedicated Web page for vendors so that third-party software products may also share in the benefits of this technology. The revised form is now available at www.uscis.gov/n-400. Customers may continue to use previous versions of the form for a 90-day transition period. On Monday, May 5, 2014, USCIS will no longer accept older versions of Form N-400. USCIS will reject and return previous versions of Form N-400 submitted after May 5, 2014.

Merry Christmas & Happy New Year to everyone!

Striking down DOMA opens the door to immigration benefits to same sex couple like fiance visa and marriage based immigrant visa petition to spouse.

Supreme court won't apply 2010 immigration ruling retroactively

MARCH 2013 VISA BULLETIN

USCIS E-Verify Employee Rights Toolkit. This toolkit features information that is useful to U.S. Employees. Some of the features include, employee rights videos, downloadable fliers, brochures and posters.

May all the joys of Christmas fill your heart throughout the New Year!

Reminder: Our Free US Immigration Consultation Session is on December 12, 2012 - 12/12/12! Our calendar is close to being filled now and have began accommodating some appointment requests for December 11. Please contact our office asap if you have US immigration concerns and/or inquiries.

Free US Immigration Consultation Session on December 12, 2012 with Los Angeles-based immigration attorney, Sharlene Mae Bagon. More details below.

Deferred Action for Childhood Arrivals Video http://youtu.be/34EdDwEqKWY

Gov. Jan Brewer of Arizona signed an executive order Wednesday directing state agencies to deny driver's licenses and other public benefits to illegal immigrants who obtain work authorizations under a new federal program.

USCIS - I-821D, Consideration of Deferred Action for Childhood Arrivals Form has been released! Contact our office if you have questions! DACA is discretionary and DACA denial by USCIS is not open for reconsideration or appeal. DO DACA right the first time. Contact an immigration attorney!

Currently taking part of the USCIS Stakeholder Meeting - BREAKING NEWS - DACA Form will be available TODAY 08/14/2012!

The Implementation of the Deferred Action for Childhood Arrivals (DACA) begins tomorrow, August 15, 2012. USCIS is scheduled to release the application form tomorrow. Are you excited for DACA? Are you one of the DREAMERS and have questions? Do not hesitate to contact our office! (888) 992-2466!